National

In a 5-4 vote, the U.S. Supreme Court preserved the way legislative districts must be drawn under the landmark Voting Rights Act. The case involved Alabama’s congressional redistricting plan, which packed Black voters into one district, limiting their chance to elect a second representative in a racially polarized state. The court found that the state legislature’s plan constituted an illegal racial gerrymander and affirmed the district court’s ruling. Chief Justice John Roberts, who had previously supported decisions that weakened the voting law, authored the majority opinion, joined by a coalition of conservative and liberal justices. The decision has implications for redistricting in other states with significant Black populations, potentially reconsidering how congressional lines are drawn. Read Article

National: States have introduced nearly 200 bills this year to ‘subvert’ elections, report finds | Adam Edelman/NBC

A report by nonpartisan groups States United Democracy Center, Protect Democracy, and Law Forward reveals that legislators in 38 states have introduced approximately 200 bills this year that could potentially undermine elections. The analysis, obtained by NBC News, shows that predominantly Republican lawmakers put forth 185 bills between January 1 and May 3 that would politicize, criminalize, or interfere with elections, thus increasing the risk of subverting the democratic process. The report highlights the persistence of the election denial movement and warns that attempts to overturn elections may continue if such legislation is not addressed. The bills aim to inject confusion, create delays, erode public trust, and allow partisan actors to exploit the outcome of close elections. Read Article

National: These Activists Distrust Voting Machines. Just Don’t Call Them Election Deniers. | Stuart A. Thompson/The New York Times

Election integrity advocates find themselves in a challenging position as they push for security while inadvertently amplifying claims made by conspiracy theorists. The overlap between their warnings about potential hacking of election machines and conspiracy theorists’ unfounded claims is a consequence of Trump’s false voter fraud allegations, leading to doubts about election integrity. Activists fear being associated with conspiracy theorists, hindering their efforts and eroding trust in the electoral system. The debate intensifies in New York as officials consider certifying machines by ES&S, a company targeted by Trump. Activists and experts express concerns about the machines’ cost, potential errors, and security, but caution against overblowing the hacking threat, emphasizing no evidence of hacking in the 2020 election. Read Article

Editorial: How AI could take over elections – and undermine democracy | Archon Fung and Lawrence Lessig/The Conversation

Could organizations use artificial intelligence language models such as ChatGPT to induce voters to behave in specific ways? Sen. Josh Hawley asked OpenAI CEO Sam Altman this question in a May 16, 2023, U.S. Senate hearing on artificial intelligence. Altman replied that he was indeed concerned that some people might use language models to manipulate, persuade and engage in one-on-one interactions with voters. Altman did not elaborate, but he might have had something like this scenario in mind. Imagine that soon, political technologists develop a machine called Clogger – a political campaign in a black box. Clogger relentlessly pursues just one objective: to maximize the chances that its candidate – the campaign that buys the services of Clogger Inc. – prevails in an election. Read Article

The 2024 race promises to be ‘very, very active’ in terms of foreign and domestic meddling, says former CISA chief | Elias Groll/CyberScoop

Chris Krebs, the former head of the U.S. Cybersecurity and Infrastructure Security Agency (CISA), predicts that foreign adversaries like Russia and China will engage in activities to disrupt or influence the next election. Krebs, who was fired by President Trump over his comments about the 2020 election, expects an active threat landscape with increased motivations for foreign actors to meddle in the election. He distinguishes between “influence” (shaping public opinion) and “interference” (attacking election infrastructure) and anticipates a similar narrative and misbehavior in the 2024 election as seen in 2020. Krebs also highlights the adoption of foreign adversaries’ playbooks by domestic actors and expresses concern about threats to the election posed by violent threats against poll workers and the integrity messaging that may be adopted by Trump. Read Article

How I Won $5 Million From the MyPillow Guy and Saved Democracy | Bob Zeidman/Politico

If you watch TV, especially conservative TV, you know Mike Lindell. He’s the guy who comes on every 10 minutes or so to sell his pillows for “the best night’s sleep in the whole wide world.” He’s also the guy who has sunk tens of millions of dollars into supporting investigations and lawsuits that claim the 2020 presidential election was stolen from Donald Trump. And I just took him for $5 million. You may have read a little about it. In the summer of 2021, Lindell announced that he was going to hold a “Cyber Symposium” in Sioux Falls, S.D., to release data that proved that U.S. voting machines were hacked by China. He said he would even pay $5 million to anyone who could disprove his data. Right away, friends started calling to ask me if I was planning to go. After all, I invented the field of software forensics, the science of analyzing software source code for intellectual property infringement or theft. Still, I wasn’t sure. There are a lot of experts that could analyze data. And no one in their right mind would offer $5 million if the data wasn’t real and verified, right? Anyway, the symposium ran three days — not nearly long enough to analyze and verify any data. Read Article

National: Tussle in Texas over how elections are run could spread to other states | Matt Vasilogambros/Stateline

Democratic lawmakers and independent election experts are warning that a move by Texas Republicans to abolish the position of Harris County elections administrator and grant new oversight powers to the governor-appointed secretary of state could set a precedent for other GOP leaders across the country who aim to influence elections in their favor. Republicans argue that Harris County mishandled the 2020 midterm election, and the new bills seek to address these alleged errors. However, Democrats and experts view the measures as a power grab, with concerns that other states may adopt similar strategies. The bills eliminate the county election administrator position and allow the secretary of state to assume control over election administration in case of persistent voting irregularities. Read Article

National: Trump White House Aides Subpoenaed in Firing of Election Security Expert | Maggie Haberman and Jonathan Swan/The New York Times

The special counsel investigating former President Donald J. Trump’s efforts to cling to power after he lost the 2020 election has subpoenaed staff members from the Trump White House who may have been involved in firing the government cybersecurity official whose agency judged the election “the most secure in American history,” according to two people briefed on the matter. The team led by the special counsel, Jack Smith, has been asking witnesses about the events surrounding the firing of Christopher Krebs, who was the Trump administration’s top cybersecurity official during the 2020 election. Mr. Krebs’s assessment that the election was secure was at odds with Mr. Trump’s baseless assertions that it was a “fraud on the American public.” Read Article

National: GOP-led states plan new voter data systems to replace one they rejected. Good luck with that. | Zachary Roth/Louisiana Illuminator

Several Republican-led states have withdrawn from the Electronic Registration Information Center (ERIC), an interstate compact for sharing voter registration data, and some are planning to create their own data-sharing networks. The move to leave ERIC has raised concerns about the ability of these states to maintain accurate voter rolls and ensure smooth elections. Building a new system for data sharing is a complex task that requires significant time, resources, and technical expertise, including access to motor vehicle department data and sophisticated statistical analysis. Previous efforts to create similar data-sharing pacts have failed due to flawed approaches and privacy concerns. Replicating the effectiveness of ERIC would be challenging for any state, and it is unlikely to be achieved quickly or cheaply. Read Article

National: Deepfaking it: America’s 2024 election collides with AI boom | Alexandra Ulmer and Anna Tong/Reuters

The rise of generative AI tools has led to a surge in deepfake videos in the polarized world of U.S. politics, blurring the lines between fact and fiction. These deepfakes, realistic yet fabricated videos created using AI algorithms, are becoming increasingly convincing and accessible due to new tools. This poses a significant challenge for voters in distinguishing real from fake content, as political actors on both sides could use deepfakes to manipulate public opinion. Major social media platforms have made efforts to prohibit and remove deepfakes, but their effectiveness varies. The rapid development of generative AI technology raises concerns about the potential for mass misinformation during elections, with limited safeguards in place. Read Article

Editorial: AI Could Save Politics—If It Doesn’t Destroy It First | Russell Berman/The Atlantic

The article discusses the potential impact of artificial intelligence (AI) on American democracy and political campaigns. While there are concerns about the negative effects of AI, such as voice impersonation and deep-fake videos influencing elections, some tech entrepreneurs believe that AI can dramatically reduce the cost of running for office and create a more accessible democracy. AI can automate mundane campaign tasks and make them more affordable, allowing smaller campaigns to compete with well-funded ones. However, skeptics argue that AI may not democratize campaigning as much as hoped, as wealthier organizations can also leverage its capabilities to gain an advantage. Deep-fake videos are another concern, with fears of their potential impact on voter trust and the need for global standards to address the issue. Despite the debates, the rapid evolution of AI introduces uncertainty, making it difficult to predict its exact impact on future campaigns. Read Article

Elections in UK and US at risk from AI-driven disinformation, say experts | Dan Milmo and Alex Hern/The Guardian

Experts have warned that the upcoming elections in the UK and the US could be inundated with AI-powered disinformation campaigns. The use of generated images, text, and deepfake videos, propagated by swarms of AI-driven propaganda bots, poses a significant threat. Concerns have risen as breakthroughs in generative AI, such as ChatGPT and Midjourney, enable the production of highly convincing content on command. These technologies raise the possibility of interactive election interference on a large scale, with AI capable of engaging opponents in fruitless arguments while convincing onlookers across numerous social media accounts simultaneously. The ability to regulate and educate the public about AI-generated content is crucial in mitigating this growing concern. Read Article

National: AI could sway the 2024 elections, campaign pros say — but not like you think | Jim Saksa/Roll Call

Artificial intelligence (AI) has the potential to revolutionize politics, granting an advantage to early adopters in upcoming elections. However, concerns arise as the ability to generate deceptive audio and video through AI raises troubling implications for an already misinformation-riddled political system. The accountability of politicians and the ability to differentiate real failures from fake ones become challenging for voters. Nevertheless, campaign professionals are more excited about AI’s potential to streamline mundane tasks and enhance big-race tactics in down-ballot contests. AI’s true impact on campaigning will occur behind the scenes, improving fundraising capabilities, providing personalized advertising, and offering up-to-date voter data. As the 2024 presidential elections approach, political consultants are racing to harness the power of AI to gain a strategic advantage. While the potential for AI to be used nefariously is a concern, professionals are optimistic about its potential to enhance campaign operations, although they remain cautious about its downsides. Read Article

National: Dominion CEO Predicts ‘Business Ultimately Goes to Zero’ | Mini Racker/Time

A month ago, Dominion Voting Systems seemed like a dragon slayer. The conservative news behemoth Fox News had just agreed to pay Dominion $787.5 million to settle a defamation suit that was hours away from going to trial. It was the largest such settlement ever announced by a media company. And yet, to Dominion CEO John Poulos, even that payday likely won’t be enough to save his company. The reputational damage Dominion has endured is just too severe, he tells TIME in a strikingly pessimistic interview about the company’s future. Read Article

National: Man who debunked Mike Lindell’s ‘blatantly bogus’ data wants his $5m | Sam Levine/The Guardian

Robert Zeidman, a cyber forensics expert, attended a “cyber symposium” hosted by MyPillow CEO Mike Lindell in Sioux Falls, South Dakota, where Lindell claimed he had evidence of China interfering in the 2020 US election. Zeidman, who voted for Trump and suspected some election fraud but not enough to overturn the results, was skeptical but curious to see the evidence. Lindell offered $5 million to anyone who could disprove his data, prompting Zeidman to attend. However, Zeidman found the data Lindell presented to be bogus and took the matter to arbitration, which ruled in his favor. Now Zeidman is seeking enforcement of the arbitration ruling in federal court, while Lindell is attempting to vacate the ruling. Zeidman plans to donate some of the money to nonprofits and organizations working on voter integrity. Lindell faces multiple lawsuits related to his election misinformation claims. Read Article

National: Why Republican-led states keep leaving a group that verifies voter rolls | Matt Vasilogambros/Stateline

Several Republican-led states are withdrawing from a cooperative called the Electronic Registration Information Center (ERIC), which aims to ensure accurate voter registration rolls. Concerns over privacy, confidentiality, and other reasons have prompted Virginia to join the list of states leaving ERIC. Experts in election security fear that this move, influenced by conspiracy theories, could lead to the creation of inaccurate voter databases. The changing Republican stance on the program stems from the spread of misinformation about the country’s election systems, largely fueled by former President Donald Trump and his allies. The departure of states from ERIC reflects a larger trend away from nonpartisan election administration, which is worrisome for maintaining reliable voter rolls and preventing voter fraud. Read Article

National: Paper ballots can ensure a secure, resilient election next year | Meghan McCarty Carino and Jesus Alvarado/Marketplace

Next year’s election is still 18 months away, but it’s never too soon to start thinking about security. Voting systems are a little different wherever you go and the tech has changed over the years — from paper ballots to electronic ones to something in between. Most jurisdictions in the U.S. now use hand-marked paper ballots, or paper ballots marked with an electronic interface, and counted with optical scanners or by hand, should the need arise. Marketplace’s Meghan McCarty Carino spoke with Pam Smith, president and CEO of Verified Voting, who said that’s the gold standard for security. That nonpartisan organization recently published its recommendations for 2024. Read Article

AI presents political peril for 2024 with threat to mislead voters | David Klepper and Ali Swenson/Associated Press

The rise of powerful artificial intelligence (AI) tools is posing a significant threat to the integrity of political campaigns and elections. Sophisticated generative AI can rapidly create fake audio, video, and images that are realistic enough to deceive voters and manipulate public opinion. These AI-generated synthetic media can be used to spread misinformation, impersonate candidates, and mislead voters on a large scale and at a rapid pace. The implications for the 2024 campaigns and elections are troubling, as these tools can undermine trust and erode the democratic process. Experts warn that society is ill-prepared to combat this emerging threat, and urgent measures are needed to address the potential consequences of AI-generated political disinformation. Legislation requiring labeling of AI-generated campaign advertisements and synthetic images has been proposed, but more comprehensive solutions are required to safeguard elections from AI manipulation. Read Article

National: Generative AI Adds New Dimensions to Election Interference | Carl Smith/Governing

The spread of misinformation through social media, fueled by artificial intelligence (AI), has created significant challenges for election officials. AI tools have the potential to worsen this problem, amplifying falsehoods and slander about election processes and officials. The resulting atmosphere of harassment and threats towards election officials has even led to the assault on the Capitol building. As AI continues to advance, the public sector needs to find ways to combat the potential disruptions and negative consequences it may bring, whether through collaboration with the industry or the use of AI tools to counter misinformation. Read Article

National: Trump Was Implicated in a Vote Machine Theft. Why Isn’t DOJ Investigating? | Ben Clements and Susan Greenhalgh/Slate

Federal investigators are seemingly overlooking Donald Trump’s potential involvement in a criminal conspiracy to access and copy voting software systems as part of the larger scheme to overturn the 2020 presidential election. Testimony suggests that Trump was at least aware of the unlawful scheme, which was discussed with him in an Oval Office meeting prior to the January 6 electoral college count. Evidence has emerged of multiple software breaches orchestrated by Trump’s campaign, including instances in Michigan, Pennsylvania, Ohio, and Georgia. Despite the evidence and requests for investigation, there has been no federal inquiry into this software scheme, its connection to the broader conspiracy, or its potential implications for future elections. A thorough federal investigation is necessary to hold accountable those involved and to safeguard the integrity of future elections. Read Artiole

National: States share services as DHS cyber grants roll out | Benjamin Freed/StateScoop

State Chief Information Security Officers (CISOs) in the United States are prioritizing election security by sharing their cybersecurity services and tools with local governments, school districts, and other political subdivisions. They are utilizing funds from the $1 billion cybersecurity grant program established under the Biden administration’s $1.2 trillion infrastructure spending law. Instead of implementing complex subgrant processes, states are leveraging the funds to bolster election cybersecurity capabilities in smaller public-sector entities. Initiatives include assisting local governments in implementing multi-factor authentication, migrating to the .gov domain, and providing training on cybersecurity skills. This collaborative approach aims to strengthen election defenses across diverse jurisdictions and promote shared security measures throughout the states. Read Article

National: The Supreme Court has an electoral ‘bomb’ on its hands. Will it defuse it before 2024? | Zach Montellaro/Politico

The U.S. Supreme Court’s resolution of the Moore v. Harper case, which addresses the controversial independent state legislature (ISL) theory, may not occur this year. The theory, championed by conservative legal scholars, diminishes the role of state courts in interpreting election laws set by state legislatures. However, uncertainty looms as the Supreme Court could choose to avoid issuing a decision, potentially leading to chaos in the 2024 election. Proponents argue that accepting the theory could grant state legislatures unchecked authority to shape election rules, potentially enabling partisan gerrymandering and unfair changes to voter registration and ballot casting regulations. The lack of a clear decision could disrupt both congressional and presidential elections, fueling concerns among critics and legal experts. The fate of the Moore case remains uncertain, and its resolution will have significant implications for future elections. Read Article

Let white-hat hackers stick a probe in those voting machines, say senators | Jessica Lyons Hardcastle/The Register

US voting machines would undergo deeper examination for computer security holes under proposed bipartisan legislation. Senators Mark Warner (D-VA) and Susan Collins (R-ME) this week introduced an amendment to the Help America Vote Act (HAVA) that would require the nation’s Election Assistance Commission to include penetration testing in its certification process of voting hardware and software. That tech would need to undergo pen testing before it could be used in elections.

Read Article: US lawmakers push voting system pen testing, bug disclosure • The Register

National: Six months after midterm losses, election deniers mount new efforts | Matthew Brown/The Washington Post

Many Republicans who denied or questioned the results of the 2020 US presidential election have refused to abandon their baseless claims, despite losing the 2022 midterms. Such figures have continued to campaign, using their defeat as a platform to spread lies and conspiracy theories, such as claims of voter fraud, which undermine the legitimacy of the country’s democratic system. Many of these candidates are also seeking to build popularity and power in conservative circles, and some are running for key positions of power. In particular, they are running for secretary of state in key swing states and for the Senate in Nevada and Arizona, among other positions. Read Article

National: Under the Radar, Right-Wing Push to Tighten Voting Laws Persists | By Nick Corasaniti and Alexandra Berzon/The New York Times

Republican-led legislatures in the US are continuing to pass significant restrictions on access to the ballot, including limits to voting by mail in Ohio, a ban on ballot drop boxes in Arkansas, and shortened early voting windows in Wyoming, largely under the radar. A network of billionaire-backed advocacy groups has formed a new hub of election advocacy within the Republican Party, rallying state activists, drafting model legislation and setting priorities. While the downshift in ambitions is strategic, signs also suggest that Republicans have become wary of some types of restrictions and the party has increasingly warned that its opposition to mail and early voting is discouraging Republican voters from casting ballots and costing the party races. Read Article

National: Alarm after lawyer who aided Trump’s 2020 election lie attacks campus voting | Peter Stone/The Guardian

Cleta Mitchell, a right-wing election lawyer and ally of Donald Trump, is facing criticism for advocating restrictions on college student voting, same-day voter registration, and absentee voting. Mitchell, who has a history of promoting stricter voting rules based on unsupported claims of fraud, made these comments in a private address to Republican donors. Voting watchdogs and bipartisan critics argue that Mitchell’s proposals are partisan and undemocratic, aimed at suppressing disfavored populations of voters. Mitchell’s role in advising Trump during his attempts to overturn the 2020 election has also drawn legal scrutiny. Read Article

National: New Twitter rules expose election offices to spoof accounts | Ali Swenson/Associated Press